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V2744-19 8 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for sale of main residence applicable to over-65s if property is sold within two years of moving

A taxpayer over the age of 65 has enquired whether they can claim the exemption for the transfer of their main residence after moving into a rented flat. The Directorate General for Taxes (DGT) has ruled that the exemption is available provided the property was the taxpayer's main residence at the time of the sale or within the two years preceding it.

The question raised

Whether one may avail themselves of the exemption for the transfer of a primary residence for persons over 65 years of age under Article 33.4.b) of the LIRPF.

The DGT's ruling

To apply the exemption under Article 33.4.b) of the LIRPF, the dwelling must have been the primary residence at the time of the transfer or must have been so on any day during the two years prior to the date of said transfer. If the transfer is carried out more than two years after the dwelling ceased to be the primary residence, the exemption cannot be applied. The two-year period is calculated from date to date in accordance with the Civil Code.

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